Terms and Conditions

Terms and Conditions of Hire v1.0

In the following terms, the expression "Owner" shall mean Hertz Accident Support or its duly authorised representatives. The “Hirer” is the company or person needing the hire and the term “Additional Driver” applies to all other authorised drivers who are also subject to these terms.

Rental Restrictions

1. Use: The vehicle belongs to the Owner and you may not sub-rent, transfer or sell it. The vehicle may not be used:

(a) To carry passengers for remuneration unless such approval has been agreed with the Owner (e.g. as a taxi driver, private hires or something similar such as driving tuition).

(b) By a person who is less than 21 years of age or more than 75 years of age (unless such approval has been given and agreed by the Owner) or has given false or fictitious particulars to the Owner.

(d) To tow or push any vehicle, trailer or other object unless stated.

(e) To take part in any race, rally, other contests or off road and on roads unsuitable for the vehicle (including racetracks).

(f) By anyone except the Hirer and the person(s) named as Additional Drivers.

(g) When it is overloaded with passengers and/ or baggage.

(h) After the expiry of the hire period.

(i) Outside the United Kingdom without the express prior written approval and authorisation of the Owner.

(j) To carry anything which may harm the vehicle (including explosive, combustible or hazardous materials) or delay our ability to rent the vehicle again because of its condition or smell.

Only the Hirer and Additional Driver(s) may drive the vehicle, although they may not drive if they are over-tired or under the influence of any substance that may impair their consciousness or ability to react, such as alcohol, drugs or certain medication.

2. The Hirer will make the vehicle and keys available on request as determined by the Owner. The vehicle will need to be returned in the same condition with the same level of fuel, together with the keys, all tyres, tools and accessories, as when it was received (ordinary wear and tear excepted).

The Hirer shall not be liable for loss or damage to the vehicle except the damage excess if applicable which is payable to the Owner.

3. The Hirer shall not use the vehicle if any damage or fault shall arise that makes the vehicle unroadworthy or liable to cause danger to any persons or property until the damage or fault has been repaired or corrected. In this event, the Hirer can return the vehicle to the Owner or authorise the carrying out of the repair if the total cost is less than £10.00. The repair must be carried out by a reputable and properly qualified motor repairer. The Hirer shall not, without the Owner’s consent, permit or authorise repairs to the vehicle at a total cost exceeding £10.00.

The Hirer shall inform the Owner as soon as reasonably possible of any fault or the carrying out of any repair to the vehicle as stated above.

4. Neither the Hirer nor any Additional Driver of the vehicle shall be deemed the agent, servant or employee of the Owner for any reason or for any purpose.

5.The Owner shall, subject to their Insurer’s terms and conditions, provide fully comprehensive cover for the hired vehicle for the benefit of the Hirer and Additional Drivers provided they are always in possession of a valid full driving licence.

The Hirer agrees that the following is not covered under the terms of the insurance policy held by the Owner:

(a) any obligation for which the Hirer or any Additional Drivers of the vehicle, or the employer of either or any insurance carrier, may be held liable under any workman’s compensation, or disability benefit or similar law;

(b) any obligation assumed by the Hirer or any Additional Drivers under any express or implied contract apart from the hire agreement;

(c) any liability of the Hirer or any employer of either arising while the vehicle is being used in violation of any of the limitations set forth in paragraph (5a) above;

(d) medical payments required by persons sustaining injuries while riding or alighting from or getting into or onto the vehicle.

6. Where the Owner is unable to insure the Hirer, the Hirer will be advised if a hire vehicle can or cannot be provided. Where a hire vehicle can be provided, the Hirer will need to utilise their own insurance cover. The Owner is to be provided with an acceptable cover note or fleet policy, if applicable, from the Hirer’s insurers prior to hire commencing.

Where the Hirer’s own insurers provide cover, the Hirer hereby guarantees to reimburse the Owner for any shortfall that the Hirer’s insurer my refuse to pay including (but not limited to) loss of use claims and policy excess payments.

7. The Hirer shall be liable as Owner of the vehicle in respect of:

(a) any of the following offences which may be committed in relation to the vehicle when it is stationary and when a fixed penalty notice is issued: being on a road during the hours of darkness without lights or reflectors as required by law, or being parked, or being unloaded in a road and the non-payment of the charge made at a street parking place;

(b) any of the offences or any excess charge pursuant to Sections 1-5 and Schedule 1 of the Road Traffic Act 1974 and any re-enactment thereof;

(d) any administration charges incurred as a result of any of the above offences.

8. The Hirer shall immediately report to the Owner any accident in which the hire vehicle is involved. The Hirer shall send to the Owner, or its insurer if directed by the Owner, every process, pleading notice or paper of any kind received by the Hirer relating to any claim or proceedings connected with any accident or event involving the vehicle. Neither the Hirer nor any Additional Drivers of the vehicle shall aid or abet the assertation of any such claim or proceedings and shall co-operate fully with the Owner and its insurer in investigating and defending the same.

In the unlikely event that the vehicle is damaged, the excess amount is payable immediately by the Hirer and any further vehicles supplied by the Owner will attract a 100% excess increase.

9. The Hirer shall defend, indemnify and hold harmless the Owner from and against any losses, liabilities, damages, injuries, claims, demands, costs and expenses arising out of or connected with:

(a) the possession or use of the vehicle during the rental term (except those covered by the insurance provided by the Owner) and caused by negligence or non-observance of the terms of the agreement on the part of the Hirer or any Additional Drivers;

(b) agents or employees including but not limited to any and all claims of liabilities to third parties arising out of the abandonment, conversion, secretion, concealment or unauthorised disposal of the vehicle by the Hirer or any Additional Drivers, agents or employees.

10. The Owner shall not be liable for loss or damage to any property of the Hirer, Additional Drivers or any other person which may have been in or on the vehicle either before or after its return to the Owner, whether or not related to the negligence of the Owner or their agents, servants or employees. The Hirer shall assume all risks of such loss or damage and waive all claims against the Owner and defend, indemnify and hold the Owner harmless from all claims arising out of such loss or damage.

11. Notwithstanding the period of hire shown:

(a) the Owner may demand the return of the vehicle at any time, save that such demand is not to be made without reasonable cause;

(b) upon the return of the vehicle pursuant to such demand, the Hirer shall not be liable for any charges in respect of the remainder of the hire period;

(c) the Owner may collect or repossess the vehicle 48 hours after the demand If the vehicle has not been returned within that time or sooner, or if in the Owner’s reasonable judgement, the demand may not be complied with;

(d) the Owner shall not be liable for any loss or damage which the Hirer may sustain as a result of such demands and/or repossessions. Any loss or damage sustained as a result of such demands would be the Hirer’s responsibility.

12. In the event of default in the payment of any amount due to the Owner under the terms of the agreement, the default account may be placed in the hands of an agency or solicitor for collection or legal action. The Hirer agrees to pay all the costs of collection including the agency fees, solicitors’ fees and court fees.

The Hirer hereby agrees that any late payments, where the Owner is required to pursue payment for any charges through the Owners recovery agents, will incur statutory interest of 8% per year added in accordance with Section 69 of the County Courts Act 1984. Late Payment of Commercial Debts Act 1998 shall be calculated at the bank base interest rate and a debt collection charge (up to £100.00) will be payable by the Hirer.

13. The Hirer agrees that any misstatement herein contained or any breach of any provision of the agreement will authorise the Owner, forthwith, to repossess the rental vehicle by use of any lawful means.

14. The Hirer is responsible for the security of the vehicle and that the Hirer will be held responsible for any losses incurred as a result of failing to secure and safeguard the vehicle. The Hirer can only return the vehicle to a location approved by the Owner.

15. The Hirer shall have exclusive possession, control and use of this motor vehicle for the entire period of this agreement and the Hirer shall completely assume full responsibility to the public and any regulatory body having jurisdiction. The Hirer always undertakes to drive and use the vehicle in a safe and careful manner.

16. In the event of any loss or damage to the vehicle, which is covered by the insurance provided, the Owner and the Hirer agree:

(a) that the Hirer’s liabilities, if any, to the Owner in respect of such loss or damage shall be reviewed following the resolution of the insurance claims;

(b) that the Hirer shall authorise the Owner to pursue any insurance claim, collect the proceeds (if any) and retain the same in full and final discharge or the Hirer’s liabilities to the Owner in respect of the loss or damage to which they relate.

17. The Hirer is responsible for the vehicle for up to two working days (working days are defined as Monday to Friday excluding weekends and public or bank holidays) after termination of the hire or until the Owner has taken possession of the vehicle, whichever is the lesser. In addition:

(a) The Owner must be informed by the Hirer, by telephone, if the hire vehicle is no longer required in all circumstances. The two working days will commence following the Owner being notified during which the Hirer remains responsible for the vehicle.

(b) If the Hirer fails to make the vehicle available for collection, it will be considered that the Hirer is privately hiring the vehicle and will be responsible for additional charges.

18. The Hirer confirms that they have not been convicted or have any prosecution pending for any motor offence, nor had their driving licence suspended or endorsed, unless stated. The Hirer has notified the Owner of any motor accidents they have been involved in within the last 5 years.

(a) The Hirer hereby warrants the truth of these statements and declares that they have withheld no information, whatsoever, which might in any way increase the risk of the insurers or influence the acceptance of this proposal.

(c) The Owner will determine whether the Hirer’s occupation, personal details and driving record will render them eligible to hire.

19. The Hirer undertakes not to leave the vehicle in any location and/or conditions likely to cause damage or have damage caused. When not in the vehicle the Hirer is responsible ensuring it is secured and safeguarded. The Hirer agrees that they will not admit liability for any accident and will obtain names, addresses and contact numbers for all third parties and witnesses.

20. The Hirer will give prior notice to the Owner of any of the Hirer’s unavailability exceeding 24 hrs.

21. The Owner cannot be held responsible for any extra fuel left in the vehicle upon collection and fuel refunds will not be considered. The Hirer will be responsible for any fuel shortfall and the Hirer could be charged up to £2.50 per litre.

22. The Hirer is liable for any recovery charges that may be incurred (arising out of the clients neglect or abuse) whilst the vehicle is in their possession.